The Nation Newspaper

Category: Law

  • CJN raises posers for terrorists

    The International Law Association (Nigeria Branch) has been launched. It also held its first annual conference in Lagos, which dwelled on how to tackle terrorism, reports JOSEPH JIBUEZE.

    The Chief Justice of Nigeria (CJN), Aloma Mukhtar, has inaugurated the Nigerian Branch of the International Law Association (ILA), 28 years after the first attempt to establish it in the country failed.

    Founded in 1873, the ILA has 59 branches and aims to bring together scholars, lawyers, advocates and practitioners interested in public and private international law.

    It was first set up in Nigeria in 1982 but existed for only four years.

    The branch’s president Prof Fidelis Oditah (QC, SAN) said ILA seeks to promote “the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law.”

    According to him, the association  has consultative status with a number of the United Nations (UN) specialised agencies as an international non-governmental organisation.

    Oditah said: “Since 1960, Nigerian international lawyers have made significant contributions to the development of international law through publications, practice and commentaries.

    “The ILA contributes to discussion of topical issues in international law through a number of vehicles, such as conferences, study groups and regional events, which branches conduct from time to time.

    “We encourage all lawyers, academics, advocates, practitioners, and students who have interests in international law to join the Branch and become involved in this important work of promoting Nigeria’s international law expertise to the rest of the world.”

    Oditah said non-lawyers, such as politicians and diplomats who practice international law, can register as members to understand its principles.

    “We do not want to reduce the ILA into an academic legal debating society,” he said, adding the association is faced with the challenges of outreach, access and funding.

    Justice Mukhtar described the launch of ILA in Nigeria as an auspicious occasion. “It marks the beginning of totally new chapter in the annals of our fledging legal system,” she said, adding: “My joy knew no bound when a branch of the association was approved in Nigeria.”

    The branch also held its first annual conference with theme: “International Investments in an era of transnational threats: Taking stock and charting international law responses for the future.”

    On why the theme was chosen, Oditah said: “In the last four years, Nigeria has been under the siege of Boko Haram. The problem with terrorism, which can be either national or transnational, is that they tend to use guerilla tactics. They hit and run. They’re not subject to the laws of war or the constraints they impose.

    “By creating that type of instability, they impoverish those areas. If you want to invest money in Nigeria, it unlikely you will choose that part of Borno State. The question for us is: Is there is any way international law can respond and try to protect investment in areas which have been besieged by transnational threats such as Boko Haram?”

    The QC/SAN said Nigeria is obligated to protect any international investments in the crisis-prone Northeast.

    “If Nigeria fails to do so, then it breaches treaty obligations, not just the bilateral investment treaties, but also its own domestic laws, such as the Nigerian Investment Promotion Commission (NIPC) Act which seeks to implement certain principles of international economic law by guaranteeing investors the safety of their investments,” Oditah said.

    Justice Mukhtar said the impacts of insecurity on a country are limitless.

    “Apart from economic cost, the social and psychological implications are immeasurable. Terrorism erodes inter-communal trust and destroys the reservoir of social capital that is so vital to building a harmonious society and pulling together community efforts for national development.

    “The attendant proliferation of small arms and militarisation of society results in vicious cycle of violence which hampers national cohesion and stability…Development thrives in a peaceful environment.

    “Consequently, all hands must be on deck to ensure peace and stamp out every form of insecurity, particularly terrorism as it is inimical to sustainable development,” she said.

    According to her, insecurity will be a clog in the wheel of progress unless it is tackled.

    “It is indeed evident that Nigeria has not attained its best in her quest for industrial and technological breakthrough since independence, and this has forced the nation to rely heavily on importation for a great percentage of its basic sustenance.

    “As government strives to correct this trend, insecurity will definitely stand as a clog in the wheel of our progress as it is inimical to industrialisation,” the CJN said.

    Justice Mukhtar raised three posers for insurgents, wondering whether terrorism is the best way to address social challenges.

    “While we concede that there are ills in the society that need to be corrected as with every country in the world, may I urge the champions of the self-justified course to have in mind these three questions:

    “(1) Is the end sought good enough to justify the means? (2) Will the end indeed be achieved by means of terrorism? (3) Can the end not be achieved by any other way other than terrorism?”

    An international law expert, Prof Maurice Mendelson (QC), who gave the keynote speech, said terrorism is sometimes caused by simple greed, quest for power or hatred – “the thinking that others are sub-human or instruments of the devil.”

    He said terrorism can be internal or transnational and requires global cooperation in the fight against it.

    Lagos State Attorney-General and Commissioner for Justice Mr Ade Ipaye, recommended more use of dialogue in the bid to end terrorism. According to him, the death penalty may do little to deter those who have already made up their minds to die for a cause.

    “Attempt to crack it down has spurned more terrorism. I think the role of law should now be in the realm of negotiation, dispute resolution. I would encourage any kind of engagement. I agree it’s a crime against humanity of the worst kind, but total routing hasn’t been effective. And we have exhausted our punishment – the death penalty, because they want to die,” he said.

    Also at the conference were Justice Sidi Bage of the Court of Appeal, Lagos; a former Attorney-General and Minister of Justice, Chief Bayo Ojo (SAN); deputy president, Nigerian Society of International Law, Prof Yinka Omoregbe; Mrs Funke Adekoya (SAN), Mrs Miannaya Essien (SAN), Mr Osaro Eghobamien (SAN), Mr Mike Igbokwe (SAN), Dr Fabian Ajogwu (SAN), former Commonwealth Lawyers Association President Mrs Boma Ozobia, among others.

     

  • Wanted: Non-violent approach to conflict resolution

    Wanted: Non-violent approach to conflict resolution

    Text of a paper presented by Deacon Dele Adesina (SAN) at the sixth Chief Olabanji Akingbule public lecture

    This annual public lecture and awards  programme is aimed at “effecting the requisite changes intrinsic to (the) rather comatose national outlook that our nation currently bears”.

    I believe that what you don’t want, you don’t watch, you confront. It is my humble opinion that we cannot sit down and watch the comprehensive security challenges facing the nation, we have to do something. I believe the nation needs help from both within and without.

    The theme of this year’s public lecture is “Non-Violent Approach to Conflict Resolution in Nigeria”. The focus of the theme is on how to promote peace towards sustainable national development. I am not an alarmist, neither am I a pessimist. On the contrary, I am a man of peace and an incurable optimist in the greatness of this nation. Nevertheless, fiction is different from fact. Imagination is not the same as action and vision is different from the reality.

    The reality of Nigeria today is that Nigeria is a nation on the brink of war. The signs are all over the place. These are indeed perilous times and of course,perilous times exist because of perilous people.

    Any patriotic citizen of this country must unavoidably entertain serious concerns over our state of affairs, the signs are discomforting.

    War as an instrument of conflict resolution is the highest expression of violence. “War erodes human dignity. War humiliates. It destroys, it devastates. The cost of war is inestimable. Its cost is unbearable; war must be avoided at all cost and by all means.”

    The futility of violence as a means of conflict resolution is clearly visible everywhere. The story of Arab spring is a classical example. The question is, how much of peace is obtainable today in Iraq, Libya and Syria. Violence has never achieved any permanent solution. Indeed, most conflicts have been resolved at the end of the day through post war non-violent negotiations and reconciliations.

    Conflicts do exist between one person and another, within nations, or between one nation and another. Conflict may be political, such as power struggle as in Ethiopia between 1971 and 1984 or Democratic Republic of Congo since 1996 or Liberia between 1999 and 2001 and presently, between Russia and Ukraine. It may be ethnic conflict as in Rwanda since 1994. It may also be a combination of ethnic and religious conflict as in Somalia.

    Conflict is a “real or perceived difference which may affect actions or outcomes that we believe are important”The above definition suggests that conflict may exist even when the difference(s) is still being nurtured or have not developed into physical reactions. Conflict is a state of opposition, disagreement or incompatibility between two or more people or groups of people, which is sometimes characterized by physical violence.

     

    Components of conflicts:

    There are six components of conflict.

    (i)  Conflict is INEVITABLE.

    (ii) Conflict by itself is neither GOOD nor          BAD; it is what happens that may end up                      being good or bad.

    (iii)Conflict is a PROCESS rather than a                              moment in time.

    (iv) Conflict CONSUMES ENERGY.

    (v)  Conflict has elements of both CONTENT                    and FEELING. A conflict is rarely just                             about what transpired; it usually has more                         to do with the feelings.

    (vi) Finally, one has a choice in conflict to         be proactive or reactive.  The more non-                        violent one chooses to be, the more                                         proactive a person will become.

    Non-violence is an umbrella term of describing a range of methods for dealing with conflicts which share the common principle that physical violence at least against other people, is not used. There is considerable debate about the precise meaning of nonviolence. For some, nonviolent action is an expedient technique for dealing with conflict or bringing about social change. For others, nonviolence is a moral imperative or even a way of life. Whichever way nonviolent approaches to conflict resolution are viewed, the important thing is that it results in peace and reconciliation.

    At first glance, violence may appear to be a superior technique for resolving conflicts or achieving desired ends because it has obvious and tangible strategies and weapons. Nonviolent techniques on the other hand are often more difficult to visualise. But Theodore Roszak said:

    “People try nonviolence for a week, and when it ‘doesn’t work’ they go back to violence which hasn’t worked for centuries.”

    The Advantages of non-violent method of Conflict Resolution includes the elimination of violence and counter-violence, focus of parties to the issues at hand and the production of constructive rather than destructive outcome. It also helps to arrive at the truth of a given situation while promoting self realisation.

    Different approaches or methods of resolving conflicts have been developed. These majorly are negotiation, mediation, and arbitration. Arbitration is a more structured approach with a differential element of fault findingwhich separates it from negotiation and mediation.

    In negotiation, the individuals or groups discuss problems among themselves to come up with solutions that they can live with. Negotiation experts have advocated a method they describe as principled negotiationwhich involves the negotiation of issues of conflict on the basis of merit, as determined by impartial standards.

    Their first major principle is to separate people from problems, meaning that the parties are allies in finding a solution to a problem, rather than enemies who are on different and mutually exclusive sidesof a problem.

    The second principle is to focus on interests, as compared to positions. When someone has a position, he or she either sticks to itor is forced out of it. If the other person’s position is not initially the same as yours, the situation is set up so that someone wins and someone loses. However, if two people with a problem focus on their common interests (what should come out of it), they have a chance to be creative and find solutions that meet both their needs. This may invariably lead to a win-win situation.

    The third principle is that a variety of possible solutions can be generated through the process of brainstorming. The fourth principle is that solutions should be measured along a yardstick of impartial fairness, which demands that both parties honour the legitimacy of the other party’s interests as well as their own. It is a moot point if the interest of Boko Haram insurgents and their sponsor are legitimate, more particularly when their objectives are largely unknown.

    Mediation as a third method is a process by which a third party is brought in merely to facilitate a discussion between the involved parties. The mediator is not a judge who decides upon a solution to a conflict; rather he or she empowers people to come up with their own solutions.

     

    The Boko Haram insurgency.

    At their inception, many people believed Boko Haram was an Islamic sect fighting christians. Others believed they were agitators fighting against the oppression, poverty, under-development and neglect of the North Eastern region. Yet some people believed that they are revolutionaries fighting against western education.

    Irrespective of the version that one chooses to believe, what stands clear today is that Boko Haram’s conflict has escalated beyond imagination. It has become a global conflict of monumental proportions. Several lives have been lost and many are still being lost. Irrespective also of the version you may believe, Boko Haram has demonstrated to be the enemy of all Nigerians regardless of religion, politics, culture or ethnicity. They have left nobody in doubt that they have no other means but violence to prosecute whatever it is their self imposed mission. But, what is their mission? What are their grievances?  Must these grievances be resolved only through armed conflict?

    It is on record that government had at a time set up a committee on dialogue and peaceful resolution on security challenges in the North-East, under the chairmanship of the Minister for Special Duties with the task of identifying and constructively engaging their key leaders with a view to developing a workable framework for amnesty and disarmament. How far has this succeeded? The Niger Delta militants willingly accepted the amnesty deal, surrendered their arms and renounced violence, further to which the Government pledged to institute programmes that will assist disarmament demobilization, rehabilitation and reintegration into the society.

    Can we pray for a miracle that will make the Boko Haram and their sponsors embrace a non-violent solution to whatever their grievances may be? Today Israel and Palestine are talking in Egypt after several years of armed conflict.

    Although the war is still on, but doors of negotiations appear to have been opened. Perhaps something needs to be done in case of Boko Haram insurgency in this direction. Today, the USA is virtually engulfed with armed conflicts in Syria against the ISIS. One would have thought that after exterminating Osama bin Ladin, the dreaded leader of the notorious Al-Qaeda terrorist organization, America will be at peace. Arab Nations had hardly known peace after the Arab spring – Another example of futility of violence as a tool of conflict resolution.

    I suggest that the authority may have to address several issues which perhaps may have produced the Boko Haram insurgency.  These issues include but not limited to rampant corruption, systemic failure, social injustice, non-adherence to the principle of Rule of Law, ethnicity, social economic issues like poverty, health, unemployment and lack of infrastructure etc.

    Professor James Forest posited that “the link between these many kinds of grievances and the rise of violent extremism is particularly prominent in the North where the people have higher poverty, illiteracy, unemployment, health problems and overall insecurity than elsewhere in Nigeria” The learned Professor submitted that these issues in addition to quality information and intelligence gathering must be addressed in a holistic manner in other to formulate a comprehensive counter terrorism strategy to be able to handle the Boko Haram insurgency. I fully agree that Nigeria requires more than a “traditional kill/capture counter terrorism strategy” as we are presently doing.

    In the words of Bishop (Dr.) David Oyedepo: “Only those who do not know the cost of war will not think of embracing peace; war destroys, peace builds. But it takes a thinking man to realise, embrace, and practice peace. Those who are insane need the urgent intervention of those who are sane if we all must escape the horrors of their insanity”

    May I conclude by saying that the times we are in demand less emphasis on party politics and a concentrated attention and focus on nationalism and patriotism so that together, we can holistically address the Boko Haram conflicts facing Nigeria without or with less violence and bloodletting.

     

  • Court hears contempt suit against CBN directors tomorrow

    The Federal High Court in Laos will hear a contempt charge against three Central Bank of Nigeria (CBN) directors tomorrow.

    CBN pensioners, represented by James Jemilo, Thompson Edun, Jacob Amao, and Joachim Ajala are praying the court to commit the directors to prison for allegedly flouting a judgment.

    The alleged contemnors are CBN Deputy Governor, Corporate Services, Alhaji Suleiman Barau; Director Human Resources Ms Chizoba Mojekwu, and Director of Legal Services, Mr Simon Onekutu.

    The plaintiffs are also praying the court to compel CBN to comply with the Federal Government’s directive on pension harmonisation.

    The suit was earlier fixed for hearing on October 6, but was adjourned because the day fell on a holiday.

    The CBN directors have objected to the suit. Their preliminary objection will be heard on the next adjourned date.

    The plaintiffs had averred that the harmonisation policy was introduced in the public service with effect from Jan. 1, 1997.

    “The policy was designed to eliminate the disparities in the pensions of workers who retired on the same grade, with those who served the same number of years but retired at different times” they averred

    According to them, following CBN’s alleged failure to comply with the policy, they filed suit number FHC/L/CS524/99 before a Federal High Court in Lagos, seeking an order compelling it to abide by the directive.

    The CBN had however, in its defence, said that it could only pay the harmonised pension, subject to “affordability and sustainability” of pension funds.

    Meanwhile, in a judgment delivered on May 22, 2000, the court, presided by Justice Wilson Egbo-Egbo, (now retired), granted the pensioners’s prayers.

    Egbo-Egbo had directed CBN to pay the applicants all accrued pensions with effect from January 1 1997, on emoluments currently earned by their serving counterparts.

    The judge held that this was as prescribed by the Federal Government’s policy on harmonisation of pensions, adding that such accrued pensions were to be paid subsequently, as and when due.

    Dissatisfied with the judgment, CBN had appealed at the Court of Appeal, and later the Supreme Court. Both appellate courts affirmed the lower court’s decision on December 5, 2006, and May 21, 2010 respectively.

  • A court official’s ‘sin’ cannot be visited on a litigant

    This is an appeal against the judgment  of the National Industrial Court, Ikoyi Lagos refusing to relist the Appellant’s suit struck out for non-appearance of all the parties in the suit. The facts of the case are as follows:

    The Appellant filed an action at the National Industrial Court Lagos on 20/4/11. His Claim in the action essentially related to non-confirmation of his employment despite satisfactory compliance with the requirements for his confirmation as contained in his letter of employment. The suit was on the Court’s cause list scheduled for hearing on 13/10/11 before the scheduled date, the Appellant’s counsel on 5/10/11 wrote and delivered to the Court through its Registrar a letter indicating that the Appellant’s Counsel would be unable to attend Court on that 13/10/11 on grounds of bereavement. From the Court’s records, that was the first time the Appellant’s Counsel would be absent from Court. A copy of the letter was acknowledged as received by both the Registrar of the Lower Court and Counsel to the Respondents in the suit. Consequently, the parties and their counsel were all absent when the case was called up on 13/10/11.

    The Registrar of the Court failed to call the attention of the court to the Appellant counsel’s letter. The Court then struck out the Appellant’s suit from the cause list in its Ruling for non-appearance of all parties pursuant to Order 19 Rule 1 of the National Industrial Court Rules 2007. Upon discovering that the suit had been struck out, the Appellant promptly filed an application on 19/10/11 to re-list the Suit pursuant to Order 19 Rule 6 of the National Industrial Court Rules 2007.  The Respondent did not file any counter-affidavit in opposition and on 29/11/11 when the application to re-list the Suit came up for hearing, the Respondents’ Counsel informed the Court that he had no objection to the Application. Notwithstanding the lack of opposition from Respondent’s counsel, the learned trial Judge refused to re-list the suit. The Appellant being dissatisfied with the refusal appealed against the ruling by a Notice of Appeal filed at the Court of Appeal. The Appellants formulated three issues out of the three grounds of appeal viz:

    1. Considering the facts and circumstances of this case, did the Lower Court exercise its discretion judicially and judiciously in refusing the Appellant’s Motion to Re-list?

    2. Whether the Lower Court was right to have made conjecture of facts not placed before it suo motu as reason for refusing the Appellant’s Application for re-listing without giving Counsel the opportunity to address it on the point so raised thereby violating the Appellant’s right to fair hearing guaranteed under Section 36 of the Chapter IV of the 1999 Constitution?

    3. Was the Lower Court right to have neglected and or failed to act on the unchallenged affidavit evidence attached to the Appellants Motion dated 19th October, 2011 which the Respondents’ Counsel expressly stated that they were not opposing? This issue is distilled from Ground 1 of the Notice of Appeal.

    The Respondents did not file any brief of argument. Learned counsel for the Respondent informed the Court that it filed a notice of intention not to contest the appeal. The Court stated that it was satisfied that the discretionary power of the lower Court to relist the suit was not exercised judicially and judiciously.

    The Court stated that it is trite law as submitted by learned counsel for the Appellant that when a Court is exercising its discretion, it must be exercised judicially and judiciously. See University of Lagos v Aigoro (1985) NWLR (Pt.1) 143. The Court stated further that an Appeal Court may interfere with the exercise of judicial discretion if it is shown that there has been a wrongful exercise of the discretion such as where the tribunal acted under misconception of law or unproved matters or it omitted to take into account matters that are relevant or where it exercised or failed to exercise the discretion on wrong or inadequate materials and in all other cases where it in the interest of justice to interfere: See Enekebe v. Enkebe (1964) 1 All NLR 102 at 106, Demuren v. Asuni (1967) 1 All NLR 94 at 101. The Court held that a Court must balance its discretionary power to grant or refuse an adjournment with its duty to endeavour to give an Appellant the opportunity of obtaining substantial justice and where the Court errs in its balancing exercise an Appeal Court is at liberty to interfere. See University of Lagos v Aigoro 1985 NWLR pt.1 p.143.

    The Court stated that the learned counsel was right that the Appellant placed sufficient materials before the lower Court to guide it in reaching a just and fair decision. Five clear days before the suit was to come up for hearing, the Appellant’s Counsel had written to the Court of the inability of Counsel who was seized of all the facts in the suit to appear in Court on the next adjourned date. It was referred to the appropriate Court Official to take the necessary action. The letter was never brought to the attention of the Court as acknowledged by the Court in its ruling. Despite all the facts put forward before the lower Court and the Respondents’ Counsel’s unwillingness to oppose the application to relist the suit, the lower Court refused to re-list the suit. The Court noted that the lower Court was apparently more concerned with the fact that there were other counsel in the chambers who should have appeared, but this on its own the Court held cannot be a ground for denial of adjournment as it was also the first time an adjournment was sought in the case and on grounds of bereavement, a very compelling reason.

    The Court held that the learned counsel for the Appellant was again right that the Court shut its eyes to the obvious satisfaction of all the condition precedents as prescribed by the Rules and case-laws and this occasioned miscarriage of justice to the Appellant. The Court further held that allowing the lower Court’s decision refusing to relist the Appellant’s suit to stay would amount to visiting and blaming the inadequacy or inadvertence of Court’s official on the litigant which is contrary to the established principle of law that the sin of the Court or its official or that of his counsel cannot be visited on the litigant. The Court noted that the Appellant placed sufficient materials before the lower Court to enable it exercise its discretion in favour of the Appellant and by failing to re-list the suit, the learned trial Judge did not exercise his discretion judicially and judiciously.

    On the whole, the Court held that the appeal was bound to succeed and it was thereby allowed. The decision of the Lower Court refusing to relist the suit was set aside. In its place it was ordered that suit no. NIC/LA/24/11 be relisted on the cause list of the National Industrial Court for hearing.

     

    •Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23742(CA)

     

  • Firm launches legal research tool

    An information technology firm, Law Pavilion has launched a product – the Solitior’s Toolkit.

    The software developers unveiled the product at the International Bar Association (IBA) conference in Tokyo, Japan.

    The firm was the official ICT partner of the Nigerian Bar Association (NBA) at its Annual General Conference held in Owerri, Imo State, in August.

    The producers said the Toolkit is a user friendly software containing all the information required by lawyers in Nigeria.

    Its appeal is not only local, but international as it serves as a veritable tool for any current or potential foreign investor seeking to know the laws, regulations, guidelines, government policies, agreements and judgments of the courts especially, those of the Federal High Court and National Industrial Court on business in Nigeria.

    The solicitor’s Toolkit is  described as “one product” aggregation of industry relevant solutions and an innovative all-in-one powerful research engine for solicitors and in-house counsel. It is a comprehensive guide, which aims to assist users to be more effective in performing their duties and providing best services with all the required knowledge and information at their disposal.

    The “Solicitor’s Toolkit (STK)” software contains current and correct regulations, guidelines, policies and public notices from various regulatory bodies such as the Directorate of Petroleum Resources (DPR), Federal Inland Revenue Service (FIRS), Corporate Affairs Commission (CAC), Nigerian Communications Commission(NCC), Central Bank of Nigeria (CBN) etc.

    It also contains updated and current Laws of the Federal Republic of Nigeria up to 2014, reported cases of the Federal High Court and the National Industrial Court, annotated forms and precedents with relevant cases, statutes, regulations or guidelines related to such precedent, and a super-fast search engine, which searches through all the contents to bring back concise and comprehensive results.

    The Managing Director of LawPavilion, Mr.  Ope Olugasa said: “The principal goal of LawPavilion is to continue to act as a partner to the Nigerian legal industry by developing ICT products for the legal practitioner as a judge, advocate or solicitor.”

    The company, he said, is resolute in its drive to empower professionals through its innovative and user-friendly products, excellent customer service and integrity.

    Case Management Solution and Court Management Solutions recently introduced into the market, according to him, were targeted at all strata of the legal community, such that lawyers and judges can have access to all records of their cases on selected mobile devices, thereby eliminating the inability to work due to absence from the office or court.

    The company’s products, he said, are the results of extensive research and deliberations with relevant stakeholders in the legal industry to ensure that their most pressing needs are taken care of through the use of technology.

    He also hinted that the company is already in talks with many device manufacturers to introduce and offer an inexpensive package, which would enable legal practitioners purchase ICT devices for their official and personal use and thereby promote the adoption of ICT by the entire legal industry in Nigeria.

    Appraising the product, a former President of the NBA, Dr. Olisa Agbakoba (SAN) said: ”They are fantastic. When I came into the exhibition stand and I saw Law Pavilion, as a Nigerian, I  was very  proud of the guys behind it. This is because I have worked with them, patronised them and have virtually all their products. And it is a good thing that NBA continued what I started in Singapore when I introduced exhibition stand. What you are seeing with Law Pavilion is an expression of how people outside perceive Nigeria. So what I need to see at the next conference in Austria, Vienna is a Nigerian stand and not just Law Pavilion so we can be proud to be noticed in the highest gathering of lawyers in the world.

    Another senior lawyer, Joe Kyari-Gadzama (SAN) said: “For the first time we have a local entrepreneur showcasing us to the world. Trying to tell the world that yes,  we can do as much as  you do and can even  do better. It is a thing of joy to all of us because it is an inspiration and we need to encourage one and others and I am proud to identify with Law Pavilion”.

    The Director-General, Nigerian Law School  Dr. Olanrewaju Onadeko said: “I am happy for Law Pavilion because it is one of the visible organisations that deal with law. They are doing fine in that area and portray Nigeria here very well. Although there are many of them in Nigeria, but to be here and present Nigeria to the world is a great achievement.”

    Another senior advocate, Rickey Tarfa (SAN) said: “Law Pavilion is one of the few things that are working well in Nigeria. When I got here and saw Law Pavilion, I became very  proud as a Nigerian. And if we have such an outfit competing favourably with others in the world, and have exhibition to showcase Nigeria to the outside world, I think every Nigerian especially, lawyers among us should encourage them.”

    For the former General Secretary of the NBA, Ibrahim Eddy-Mark, ”Law pavilion is doing its best as a private initiative, we are proud of them as they do their best to showcase the best of Nigeria to the rest of the world.  It shows the ability of the private sector to drive the economy with high sense of  creativity. The ingenuity is there and their competence is not in doubt. I think they have done their best and we Nigerians should encourage them.”

    Former Attorney-General and Commissioner for Justice, Ekiti State, Mr. Wale Fapohunda, said Law Pavilion is a firm the nation should be proud of.  “Law Pavilion, I am very proud of them. When I served as Attorney-General, we had a lot of engagements with them. They also help in training some of our lawyers. So it is good and this is one of those laudable interventions we need in showcasing ourselves to the outside world,” Fapohunda said.

     

  • How Mukhtar is tackling delays in justice administration

    Media aide to the Chief Justice of Nigeria (CJN), Ahuraka Yusuf Isah, highlights her achievements in office.

    Justice Mariam Aloma Mukhtar assumed office as the Chief Justice of Nigeria (CJN) on July 16, 2012. She will retire on November 20, 2014 bringing it to exactly 856 the number of days she spent in office.

    Knowing that the time was quite too short to allow meaningful changes through constitutional amendment, which is always slow and difficult, the CJN relied on the various judiciary administrative precepts contained in other statutory books like the Judicial Code of Conduct, the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) powers and functions, which found to be sufficient to halt the drift in the system.

    It requires an experienced hand to explore and utilise such means to effect the needed change. It is not just the ability to identify needed changes, but the courage to do effect them.

    Let us digress a bit with a telltale of Greek mythology. One of the famous of Greek Legends dealing with the Island of Crete, tells how the King of Athens, the greatest of the Greek cities slew the son of Minos, King of Crete.

    In revenge, Minos conquered Athens and forced its king to send him seven youths and seven maidens every year as a tribute.  These victims were then driven into a huge maze or labyrinth on the Island where they were devoured by a monster, half–bull and half–human, known as the Minotaur.

    Then, one year, Theseus, son of the Athenian king, bravely offered to form part of the doomed company.  When he arrived in Crete, the daughter of Minos named Ariadne, fell in love with him and gave him a sword and a piece of thread before he entered the maze.

    With the sword, Theseus slew Minotaur and with the thread, which he had dropped behind him, he found his way back.  The doomed company was saved and the brave prince set sail for Greece.

    Now Theseus had told his father, whose name was Aegeus, that if he slew the Minotaur and found his way out of the labyrinth he would hoist white sails as he came into port.  But Theseus was so eager to arrive home that he forgot to do this.  And when Aegeus saw the black sails of the returning ships, he thought his son was dead.  In his grief, the old king threw himself into the sea, which has ever since been called the Aegean Sea in his memory.

    It is a fact that one of the many issues afflicting the judiciary is the problem of inordinate delay in determining cases. Many factors are responsible for this sordid and embarrassing situation.

    Successive Chief Justices of Nigeria had introduced measures to combat this malady. Upon assumption of office as CJN, Justice Mukhtar was again confronted by this problem.

     

  • Danjuma chairs Law Partnership board

    Danjuma chairs Law Partnership board

    The vice Chairman of South  Atlantic Petroleum (SAPETRO), Senator Daisy Danjuma has been appointed the chairman of the newly inaugurated board of trustees of the Lagos Public Interest Law Partnership (LPILP).

    The board of trustees will oversee  the management of the LPIPLP trust fund.

    Other members of the seven-man board inaugurated last week are the Lagos Attorney-General and Commissioner for Justice,  Mr Ade Ipaye; Managing Partner, Olaniwun Ajayi and Company, Professor Konyinsola Ajayi; Deputy Director-General, Nigerian Law School, Lagos Campus, Mrs Toun Adebiyi; Chairman Nigerian Bar Association(NBA), Lagos Branch, Mr Alex Muoka; Director, Prisoners’ Rights Advocacy Initiative (PRAI),  Mr. Ahmed Adetola-Kazeem while  Miss Funmilayo Owuye, the LPIPL coordinator is to serve as the Executive Secretary.

    Ipaye said the constitution of the board was made possible with the seed fund provided by the state government for the establishment of the Pro Bono Trust Fund during the first Annual Lagos State Pro Bono Week, which held in April.

    He pointed out that the board would reinforce the administration’s commitment to build strong and dependable institutions managed by people with character, experience and integrity.

    Ipaye remarked that as part of the objectives of the board, it would be expected to review and recommend funding for qualifying pro bono projects; provision of funds for the training and retraining of the LPILP staff; assist pro bono lawyers, as may be necessary, to secure the attendance of witnesses and offset exceptional and unexpected costs of litigation.

    Senator Danjuma thanked government for the opportunity given them to serve the people of Lagos.

    She said with the LPILP, “the State Government is building a functional platform that aims to ensure that justice and access to justice are within the reach of every resident of the State irrespective of his/her geographical location and financial means.”

  • ‘NBA to probe mass failure in Law School’

    ‘NBA to probe mass failure in Law School’

    Following the release of the immediate past President of the Nigeria Bar Association (NBA), Okey Wali,  by kidnappers  after 12 days in captivity, NBA President, Mr. Augustine Alegeh (SAN) in this interview with Legal Editor, JOHN AUSTIN UNACHUKWU, bares his mind on the security situation in the country, the alleged arms deal between Nigeria and South Africa and why he dissolved the Section on Legal Practice (SLP) governing council.

    your predecessor, Mr. Okey Wali (SAN), who was abducted by kidnappers in Port Harcourt, has been released. What does it say about the security of members of the legal profession?

    It was a very sad, harrowing and traumatic experience for the entire Nigerian Bar. It shows the vulnerability and the level of insecurity of lawyers.

    Okey Wali is a man of peace; a man who has served this country and the legal profession. Sadly, we have also received the news that a lawyer has been kidnapped in Sapele Branch. Lawyers in other parts of the country are being kidnapped, even judges and magistrates. But the kidnapping of our past president showed the level of insecurity the nation has descended.

    It is shocking that we now have people in this country, who believe that the only way they can make a living is to toy with the lives of other people, inflicting pains and hardship on fellow Nigerians. It’s very disturbing. Additional, one starts to wonder if all these years we have had these kidnappings, will the crime ever come to a stop? We heard that’s some states have enacted laws providing for the demolition of suspected kidnappers, while some states have passed legislations prescribing death penalty. Yet, kidnapping is everywhere and even assuming alarming proportions.

    Some people said ‘Okey Wali is so high up there, why didn’t he get police security?’ But I tell you this, there was a business man in Benin City who had six policemen protecting him. But when the kidnappers came, they took out the policemen and kidnapped him. It shows where we have reached, where kidnappers can now confront armed policemen. They know the person is being protected by armed police men, and yet confront them, shoot the policemen and kidnapped their victim.

     Why were you absent at this year’s International Bar Association conference?

    I had made arrangements to be at the IBA Conference in Tokyo. I had bought tickets for me and my wife, paid for hotel accommodation and concluded every other arrangements. But, it would have been irresponsible of me to travel out of the country when the immediate past president of the Bar was in captivity. I needed to be on ground to monitor what was happening.

    I was in contact with members of his family and with the security agencies and I needed to be physically present in Nigeria to do that. So, I could not travel to Japan for that conference.

    Nigerians received with cheers, the news that a truce and ceasefire were reached with members of Boko Haram. What is your assessment of that truce, especially now that we hear that it has been broken?

    We were not involved in any way in the process of the ceasefire agreement. We don’t know the terms of the ceasefire. But like all other Nigerians we just heard the news. As peace-loving Nigerians, we welcome the truce. Anything that will end the hostilities in that part of the country is welcome.

    Are you concerned that Boko Haram has resumed attacks during the period of the ceasefire?

    We also heard that the Chibok girls would be released that same week, surprisingly this has not happened. So, I call on the government to please disclose to Nigerians the terms and the basis of this ceasefire. And we’ll encourage the cessation of hostilities that will assist in the final resolution of this crisis, which has lingered for too long.

    What do you have to say on the report of Boko Haram leader Shekau’s death?

    Again we do not have the full details of Shekau’s death or how he died. However, killing the leader of the insurgents does not stop insurgency. This is because any other leader can arise in the group. A new leader can emerge and they may have other commanders.

    The Federal Government purported attempted to purchase arms from South Africa, which led to the confiscation of $9.3million and another $5.6million by the authorities. What is your take on this?

    Whenever you are in a situation of war, which is what I think we are in right now, there is need to restock the armoury. This is to be expected and it’s understandable. But for me, the critical question is how do we restock our armoury?

    Do we restock our armoury by illegal action? That is where the issue of this $15million comes up and it is in my view a national embarrassment. We have descended to the stage where we are unable to buy arms from recognised agents.

    The whole world knows that we are fighting a war against insurgents. What nobody has been able to explain is why can’t we buy arms from recognised arms dealers? Why are we fighting insurgents and we can’t procure arms? It’s such a major question that begs for answer.

    Having to buy arms through unconventional means, which has now turned out to be against South African laws is indeed, a national embarrassment. It’s very sad that a country like Nigeria is involved in such an act. There are better ways the Federal Government could have bought arms.

     Amnesty International recently published a report alleging massive violations of human rights in the Northeast by the military. What is your assessment of the situation?

    We have always condemned human rights violations in any shape or form. Even in a situation of war, the rights of people must be respected. However, we have asked our branches in those areas to be on the watch and report such violations of human rights to us. Also, we have the Human Rights Watch, which has been monitoring rights violations for us in those areas. You can be rest assured that we’ll do our best to ensure the rights of persons in those areas are well protected.

    It must be further noted that those figures that Amnesty International has been parading are quite doubtful. One is not sure it’s as high as that.

     A few weeks after you were sworn in as NBA president, some lawyers sued you and Mr. Jide Koku (SAN), challenging his chairmanship of the Section on Legal Practice (SLP). The Section will hold its conference in Uyo in a fortnight. Would that not be sub judice?

    Firstly, I would say that as an association of lawyers we must practice what we preach. We preach due process and democracy. We preach obedience and observance of the rule of law. As I said in my inaugural address, SLP nominations and elections were scheduled to be held at the last NBA conference, but no elections held.

    Rather than hold elections, some people were allegedly coronated. Under the bye-law, there must be nominations and there must be an election before anyone can become the chairman of a section. But this never happened in SLP.

    In the NBA-Annual General Conference  programme of events in Owerri, the election was scheduled to be held on Tuesday, but that election didn’t hold accordingly. So, to prevent a lacuna and to prevent an illegality, I took a decision that we must have somebody to coordinate the activities of the Section until a proper election is held.

    I understand a case was filed at the Federal High Court in Abuja. Another case was also said to have been filed in Owerri. Many more are preparing to file their cases  and I challenge all of them to speak truthfully to the issues. Was there an election? Where there was no election, it is a breach of the NBA Constitution and such illegality must not be allowed to stand.

    I had an overriding duty to protect the sanctity of our constitution by appointing a caretaker committee to oversee the affairs of the section until proper elections are held.

    The SLP conference is prescheduled and reorganised and all that they are doing is to see through the section’s programmes. Today, it’s SLP and we turn a blind eye, tomorrow it might be another section or even a branch.

    When the process of an election is started, it must be seen through. You can’t take some steps in the process of an election then truncate it halfway through and declare a chairman without the election. The steps that SLP took were strictly pre-election, and the proper election never took place.

    I am surprised that lawyers, who are trained in constitutionalism and due process, will have the courage to go to court and urge the court to uphold pure illegality.

    What many see as a shameful act occurred in Osogbo recently where lawyers were openly involved in fisticuffs at the election tribunal. Ekiti State also just witnessed the desecration of the temple of justice when a judge was physically manhandled by hoodlums. What is the NBA doing about this?

    I must confess that we have challenges. In any association there are touts and there are charlatans. In the case of the Osogbo incident, we have identified those involved and we have written to them. We are awaiting their responses, after which we’ll take the necessary actions.

    In the case of Ekiti, we have set up a high powered committee to investigate the incident and we’ll do all that is necessary to ensure that proper action is taken against whoever is indicted.

    The lingering crisis in the Rivers State judiciary has caused so much hardship for litigants, to the extent it is now in a comatose state. How do you intend to resolve this?

    Well, I will tell you for free that the problem in Rivers State is not over who is the Chief Judge or not. The NJC has a role to play and it’s doing just that.

    However, the courts in Rivers State are shut down as at today, not because of the imbroglio over who is CJ or not. It is rather as a result of the strike by the Judicial Staff Union of Nigeria (JUSUN). I had a meeting with the leaders of JUSUN, because they had planned on going on a nationwide strike. Based on our appeal to them, they have agreed to shelve that strike. If the JUSUN was not on strike, I am sure the courts in Port Harcourt would have been sitting.

     Will observers be allowed at the forthcoming NBA NEC?

    Yes. I have promised to address that issue. I made it clear that we’ll allow observers at our NEC meetings but it will be on the basis of accreditation from branches. All those who would like to attend and observe NEC meetings should indicate through their branches and their names will be sent to the NBA National Secretariat for accreditation. Such lawyers will be issued with name tags that will enable them attend the meetings.

     What are your comments on the ongoing moves by the National Assembly to remove or modify the immunity clause?

    I have always said that immunity is for the office. The holder of that office shouldn’t be jumping from one court to the other defending cases against him at a time when he is supposed to doing the work he is elected to do.

    If you look at the number of people who have immunity, it’s just few. We have the 38 state governors and the president. If you multiply that by two, we have just 74. In a country of 170 million people, I don’t think 74 persons with immunity should be such a cause for worry. I believe immunity is not necessarily to cover up the office holder, but to enable him to do the work he was elected to do.

    What are your views on the provision of 180 days to conclude election petitions?

    Some have continued to criticise it – that it has occasioned injustice in many instances.

    I don’t agree with that position. I was involved in the Adam Oshomole petition and we went from trial to Court of Appeal, to Supreme Court within the stipulated time. The issue of dragging election petition interminably should be discouraged and stopped. It should be made a thing of the past!

    If you use your 180 days wisely, you can finish your petition. I was involved in another petition when after they gave judgment at the Court of Appeal, the petitioner waited for 42 days before returning back to tribunal. These are 42 days he could have used to start and finish the case. So, he went to the Court of Appeal and he was told that he was out of time and he still lost.

    It was reported that out of 6000 students of the Nigerian Law School who sat for Bar Final examination, only 2000 passed. Are you worried about this?

    I have looked at the results and done a campus by campus analysis. I must confess that it gives one cause for alarm, the failure rate is really high. I spoke with the Director-General and as soon as he comes back from the IBA conference in Japan, I will meet with him and find a way forward. I have been asking myself some questions. Is it that the lecturers are lazy or are  not doing what they are supposed to do? We will sit down with the law school authorities and find a solution to these problems, I assure you.

  • Community rejects ‘imposition’ of ruler

    Egun residents in Zunveh  Whesumeh, Badagry Local Government Area of Lagos State, have raised the alarm over an alleegd attempt by the monarch of a neighbouring town to impose a traditional ruler on them.

    They have appealed to Governor Babatunde Fashola (SAN) to intervene to avoid bloodletting as they have vowed to resist any attempt by an unacceptable ruler to take over their ancestral land.

    In a petition titled: Complaints of acts likely to cause breakdown of law and order by illegal installation of Mr Luke Taiwo as the Baale of Zunveh Whesumeh in Badagry Local Government Area of Lagos State by Oba Moses Ayinde Adetunji Olaleye, the Onilogbo of Ilogbo-Eremi, written through their lawyer, Rickey Tarfa &Co, they claimed that they “own and inhabit the town referred to as Zunveh Whesumeh.”

    They claimed to have inherited the land from their great grandfathers who “migrated from Dahomey more than 500 years ago and first settled at Zunveh Whesumeh and have exercised various acts of ownership on the entire land mass.”

    According to their lawyer, the community has been under siege as Oba Israel Adewale Okoya, the Onibereko of Ibereko in Olurunda Local Council Development Area (LCDA) of Badagry, allegedly invaded it with policemen.

    But in a telephone interview, Oba Okoya denied the allegation, arguing that a group of misguided elements in the community rose up in arms against the traditional ruler approved by the state government, maiming and destroying houses, adding that the traditional ruler had even been banished from his community.

    He said whenever there is chaos, it is the duty of the police to restore sanity, adding that no responsible leader folds his arms and allows people to take the laws into their hands.

    He said: “The governor sent me to go and see what is happening there. There is nobody that has power to chase people out of their community. The governor directed me to go there with police to go and see what is happening there.”

    According to the petition which was also copied to the Inspector General of Police, Assistant Inspector General of Police, Zone 2, Lagos and Deputy Commissioner of Police, Federal Anti Robbery Squad, Adeniji Adele, Lagos, the community said chieftaincy matters in their land “have been under the exclusive domain and control of the Akran of Badagry. The Akran of Badagry is the custodian of all traditional rites and customs of the Eguns in Badagry Local Government Area of Lagos State. There is no registered chieftaincy declaration regulating the appointment, selection and recognition of chieftaincy of the Baale of Zunveh Whesumeh but all requirements for this have been submitted to the appropriate government authorities for consideration.”

    The petitioner averred that though the community was yet to get a registered chieftaincy declaration, indigenes have been controlling their affairs since 2007 under the Baale elect in person of Mr. Adisa Vijanayin Zanu, who is awaiting the approval of chieftaincy declaration before coronation.

    The community said the town of Ilogbo shares boundary with their community, it is not under the control of its traditional head, the Onilogbo of Ilogbo, adding however, that there were ‘entreaties by the paramount ruler to ‘covet’ their town but was resisted.

    Onilogbo had challenged the resistance in a civil suit No BD/62006 between Julis Amosu & Ors vs Felix Okeoemu & Ors wherein the claimants (the Aworis) filed a suit before the High Court of Lagos State, Badagry Division, where the defendants, the Eguns, were sued over the land.

  • CJ tasks Customary Court judges on ADR

    Customary Court judges have been urged to incorporate Alternative Dispute Resolution (ADR) mechanisms in the adjudication of cases, reports ADEBISI ONANUGA

    No fewer than 76 customary court judges in Lagos State participated  in one-day workshop organised by the Lagos State Judicial Service Commission (JSC) on alternative dispute resolution (ADR).

    It had the theme: “Traditional Dispute Resolution in Nigeria: How relevant in Modern Days?”

    Those who spoke at the workshop include the Chief Judge, Justice Oluwafunmilayo Atilade; the Attorney-General, Ade Ipaye, serving justices of the state high court and lawyers, among others.

    The two business sessions were chaired by the Head of Administration of the High Court of Lagos State, Justice Opeyemi Oke and a Commissioner of the Judicial Service Commission (JSC), Mrs. F. O. Iwajomo respectively.

    Justice Atilade, who was represented by Justice Kazeem Alogba, said what is known today as Alternative Dispute Resolution (ADR) was the traditional way of resolving disputes.

    She urged customary court judges not to lose sight of the system in the dispensation of justice.

    Atilade said the system has become relevant in the modern day as a method of ADR that is fast spreading across the world.

    The CJ urged the judges to ensure that nothing hampers the relationship between litigants.

    She preferred relationships while dispensing justice in line with the objectives of the traditional way of delivering justice.

    Justice Atilade said when disputes are resolved amicably, the parties resume thier friendship, adding that this has helped to ensure peace in the homes and society at large.    “If the society is not at peace, if the homes are not at peace, then it would snowball on to every other activity in the society.

    “That is the way you should look at your jurisdiction and your work in the society. If you take it that way, then you would appreciate your essence in your office and in the delivery of justice in the justice sector,” she said.

    Lagos Attorney-General, Mr Ade Ipaye said any mechanism that facilitates dispensation of justice will always be counted as relevant.

    Ipaye described dispute resolution as part of the culture of every people.

    “Human beings, in the attempt to live together will experience conflict and as such, the people have always devised a way to resolve conflicts, Nigeria not being an exception,” he said.

    He said it was important for the customary court judges not to lose sight of the traditional way of dispensing justice amicably and in a friendly atmosphere.

    JSC’s Executive Secretary Mrs. Ayodele Odugbesan recalled that in the past, disputes were resolved traditionally at the Oba or Baale’s palace through discussions.

    According to her, in order to regularise the processes, it became necessary to codify the customs, traditions and the proceedings through the customary courts.

    “The judges sit down, the parties also sit down to discuss, they don’t go the whole hog of trial but they always settle amicably,” she noted.

    Justice Yetunde Idowu said customary courts can no longer exercise jurisdiction on issues relating to children in view of the provisions of the Child Rights Law that confers jurisdiction solely on family courts.

    Mrs. Bolaji Daodu defined the type of ADR that operates in the customary court  and traditional systems as arbitration, mediation, reconciliation and negotiation and that they have a binding effect on the parties.